Braid of Feathers

Author: Frank Pommersheim
Publisher: Univ of California Press
ISBN: 9780520919150
Format: PDF, ePub
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In this ambitious and moving book, Frank Pommersheim, who lived and worked on the Rosebud Sioux Indian Reservation for ten years, challenges the dominant legal history of American Indians and their tribes—a history that concedes far too much power to the laws and courts of the "conqueror." Writing from the perspective of the reservation and contemporary Indian life, Pommersheim makes an urgent call for the advancement of tribal sovereignty and of tribal court systems that are based on Indian culture and values. Taking as its starting point the cultural, spiritual, and physical nature of the reservation, Braid of Feathers goes on to trace the development of Indian law from the 1770s to the present. Pommersheim considers the meaning of justice from the indigenous point of view. He offers a trenchant analysis of the tribal courts, stressing the importance of language, narrative, and story. He concludes by offering a "geography of hope,"one that lies in the West, where Native Americans control a significant amount of natural resources, and where a new ethic of development and preservation is emerging within the dominant society. Pommersheim challenges both Indians and non-Indians to forge an alliance at the local level based on respect and reciprocity—to create solidarity, not undo difference.

Cases and Materials on Federal Indian Law

Author: David Getches
Publisher: West Academic Publishing
ISBN: 9781634599061
Format: PDF, Kindle
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This federal Indian law casebook has an unprecedented focus on Native Nation-building, including cutting-edge materials on tribal economies and tribal justice systems unavailable elsewhere. The Seventh Edition retains classic material on the history of federal Indian law and policy, including the medieval origins of the "Doctrine of Discovery," and the shifting eras of Indian law leading to the current Nation-building era. The book covers the federal tribal relationship; tribal sovereignty and jurisdiction; Indian religion and culture; water rights; treaty rights; rights of Alaska natives and native Hawaiians; and international legal perspectives.

American Indian Politics and the American Political System

Author: David E. Wilkins
Publisher: Rowman & Littlefield Publishers
ISBN: 1442203897
Format: PDF
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Now in its third edition, American Indian Politics is the most comprehensive study written from a political science perspective that analyzes the structures and functions of indigenous governments (including Alaskan Native communities and Hawaiian Natives) and the distinctive legal and political rights these nations exercise internally, while also examining the fascinating intergovernmental relationship that exists between native nations, the states, and the federal government. The third edition contains a number of important modifications. First, it is now co-authored by Heidi Kiiwetinepinesiik Stark, who brings a spirited new voice to the study. Second, it contains ample discussion of how President ObamaOs election has altered the dynamics of Indian Country politics and law. Third, it contains more discussion of women's issues, several new vignettes, an updated timeline, new photographs, and updated charts, tables, and figures.

American Indian Sovereignty and Law

Author: Wade Davies
Publisher: Scarecrow Press
ISBN: 0810862360
Format: PDF, Mobi
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American Indian Sovereignty and Law: An Annotated Bibliography covers a wide variety of topics and includes sources dealing with federal Indian policy, federal and tribal courts, criminal justice, tribal governance, religious freedoms, economic development, and numerous sub-topics related to tribal and individual rights. While primarily focused on the years 1900 to the present, many sources are included that focus on the 19th century or earlier. The annotations included in this reference will help researchers know enough about the arguments and contents of each source to determine its usefulness. Whenever a clear central argument is made in an article or book, it is stated in the entry, unless that argument is made implicit by the title of that entry. Each annotation also provides factual information about the primary topic under discussion. In some cases, annotations list topics that compose a significant portion of an author's discussion but are not obvious from the title of the entry. American Indian Sovereignty and Law will be extremely useful in both studying Native American topics and researching current legal and political actions affecting tribal sovereignty.

Borrowed Power

Author: Bruce H. Ziff
Publisher: Rutgers University Press
ISBN: 9780813523729
Format: PDF, Docs
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An informative and insightful collection of essays on cultural appropriation, focusing on America's appropriation and use of Native American culture specifically. The topics in this book covers topics from the arts, land, and artifacts to ideas, knowledge, and symbols.

Broken Landscape

Author: Frank Pommersheim
Publisher: Oxford University Press on Demand
ISBN: 0195373065
Format: PDF, Mobi
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Broken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legal analysis and practice have interpreted and misinterpreted tribal sovereignty since the nation's founding. As the book demonstrates, the federal government has repeatedly failed to respect the Constitution's recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. Frank Pommersheim offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereignty, Pommersheim challenges us to finally accord Indian tribes and Indian people the respect and dignity that are their due.

Recognition Sovereignty Struggles and Indigenous Rights in the United States

Author: Amy E. Den Ouden
Publisher: UNC Press Books
ISBN: 1469602172
Format: PDF
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This engaging collection surveys and clarifies the complex issue of federal and state recognition for Native American tribal nations in the United States. Den Ouden and O'Brien gather focused and teachable essays on key topics, debates, and case studies. Written by leading scholars in the field, including historians, anthropologists, legal scholars, and political scientists, the essays cover the history of recognition, focus on recent legal and cultural processes, and examine contemporary recognition struggles nationwide. Contributors are Joanne Barker (Lenape), Kathleen A. Brown-Perez (Brothertown), Rosemary Cambra (Muwekma Ohlone), Amy E. Den Ouden, Timothy Q. Evans (Haliwa-Saponi), Les W. Field, Angela A. Gonzales (Hopi), Rae Gould (Nipmuc), J. Kehaulani Kauanui (Kanaka Maoli), K. Alexa Koenig, Alan Leventhal, Malinda Maynor Lowery (Lumbee), Jean M. O'Brien (White Earth Ojibwe), John Robinson, Jonathan Stein, Ruth Garby Torres (Schaghticoke), and David E. Wilkins (Lumbee).

Crooked Paths to Allotment

Author: C. Joseph Genetin-Pilawa
Publisher: UNC Press Books
ISBN: 0807837415
Format: PDF, Mobi
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Standard narratives of Native American history view the nineteenth century in terms of steadily declining Indigenous sovereignty, from removal of southeastern tribes to the 1887 General Allotment Act. In Crooked Paths to Allotment, C. Joseph Genetin-Pilawa complicates these narratives, focusing on political moments when viable alternatives to federal assimilation policies arose. In these moments, Native American reformers and their white allies challenged coercive practices and offered visions for policies that might have allowed Indigenous nations to adapt at their own pace and on their own terms. Examining the contests over Indian policy from Reconstruction through the Gilded Age, Genetin-Pilawa reveals the contingent state of American settler colonialism. Genetin-Pilawa focuses on reformers and activists, including Tonawanda Seneca Ely S. Parker and Council Fire editor Thomas A. Bland, whose contributions to Indian policy debates have heretofore been underappreciated. He reveals how these men and their allies opposed such policies as forced land allotment, the elimination of traditional cultural practices, mandatory boarding school education for Indian youth, and compulsory participation in the market economy. Although the mainstream supporters of assimilation successfully repressed these efforts, the ideas and policy frameworks they espoused established a tradition of dissent against disruptive colonial governance.